
Indian author Arundhati Roy may face up to seven years in prison after the Lieutenant Governor of India's national capital Delhi, Vinai Kumar Saxena, directed Delhi Police to prosecute Roy and one other in connection with a 2010 event that allegedly promoted a call for India's territorial break-up.
Arundhati Roy, the author of 'God of Small Things', which won her the BookerPrize in 1997, and a former Kashmir University professor are accused of delivering provocative speeches in public.
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Delhi LG found a prima facie case against Roy and Sheikh Showkat Hussain under Sections 153A, 153B, and 505 of the Indian Penal Code. This permission was granted under Section 196 of the Criminal Procedure Code, which requires state authorisation for such prosecutions.
Section 13 of the UAPA deals with punishment for unlawful activities for advocating, abetting or inciting any unlawful activity and is punishable with imprisonment for up to seven years.
According to a First Information Report registered at a New Delhi police station in November 2010, Roy and Hussain, among others, delivered provocative speeches at a conference organised by the Committee for Release of Political Prisoners under the banner of "Azadi – The Only Way" (Freedom, the only way) on October 21, 2010.
Two other accused, Kashmiri separatist leader Sayed Ali Shah Geelani and Syed Abdul Rahman Geelani, passed away during the case's pendency.
Although the police also charged Roy and others under sedition laws, a decision on Section 124A of the Indian Penal Code is pending in the Supreme Court.
Delhi Police sought prosecution of Roy and Hussain under Sections 153A, 153B, 504, 505 of the Indian Penal Code, and Section 13 of the UAPA. However, permission was granted only for three of the IPC provisions.
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Section 153A of the Indian Penal Code pertains to promoting enmity between different groups on the basis of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to harmony.
Section 153B deals with imputations and assertions prejudicial to national integration, while Section 505 pertains to intentional insult with the intent to provoke a breach of the peace.
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